Y CHANDRA REDDY Vs. N CHANDRAMOULI NAIDU

JUDGEMENT

(1.) This revision petition has been referred to a Division Bench by Neeladri Rao J., by order dated 26-4-1990 on the basis that the decision of this Court in M. Venkaiah Naidu vs. Neelavenamma decided by Syed Shah Mohammed Quadri J., requires re-consideration. The learned Judge, while making the referring order, gave certain reasons for disagreeing with the view expressed by Syed Shah Mohammed Quadri J. and also referred to the judgment of the Madras High Court in N. Pappammal vs. L. Chidambaram.

(2.) The point arising in the revision is whether it is incumbent on the civil court to follow the procedure mentioned in cl. (b) of Or. XXXVIII Rule 5 (1) of the Civil Procedure Code while passing an order of conditional attachment under sub-rule (3) of Order XXXVIII Rule 5 CPC ? Quadri, J. took the view that it is necessary.

(3.) Neeladri Rao, J. took the view that the Court could pass a conditional order of attachment under sub-rule (3) of Order XXXVIII Rule 5 CPC without issuing any prior notice as mentioned in cl. (b) of O.XXXVIII Rule 5(1) CPC.